section 71
Power to replace in possession tenant unlawfully ejected
The Chota Nagpur Tenancy Act, 1908Chapter X Chapter X
If any tenant is ejected from his tenancy or any portion thereof in contravention of Section 68 he may, within a period of one year (or, if he is an occupancy-raiyat three years) from the date of such ejectment, present to the Deputy Commissioner an application praying to be replaced in possession of such tenancy or portion; and the Deputy Commissioner may, if he thinks fit after making a summary inquiry, replace him in possession in the prescribed manner. For sub-section (4) of Section 26 of the Bihar and Orissa Public Demands Recovery Act, 1914 (B&O Act 4 of 1914), the following shall be substituted, namely:-
(4) In areas in which the Chota Nagpur Tenancy Act, 1908 (Bengal Act 6 of 1908) is in force,-
(a) the Commissioner may by order in any case in which he may consider it desirable so to do,-
(i) prohibit the sale of any tenure or portion thereof;
(ii) stay any such sale for any period specified in the order;
(b) when a tenure or holding is sold in execution of a certificate for arrears of rent due in respect thereof sub-section (I) shall not apply, but the purchaser shall acquire such right therein as if he had purchased at a sale thereof under sub-section (1) of Section 208 of the Chota Nagpur Tenancy Act, 1908 (Ben. Act VI of 1908) in execution of a decree for such arrears.
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